Perhaps it is not necessary in this case, to, aver that the sheep were stolen, for a man may be prosecuted unjustly. A Justice of the Peace ought to suffer the law to have its course, which will give a remedy to the party grieved, and not to stay the proceedings privately. It is not his duty. Therefore it is a scandal to Mr. Button to say of him, as a Justice of the Peace: he desired me not to prosecute, &c. But here, for another reason, it seems, to me the words are not actionable; as it is not averred, that Mr. Button was a Justice of the Peace of the county in which those words were spoken; inasmuch as it is not against his office to endeavor to stay proceedings in a county in which he has nothing to do—as a Justice of the Peace. P. El. 6. B. rot. 833, Novel’s case. Poph. 180 1 Cr. 308. 342.
Button's case, 1 N.C. 49, 1 Mart. 49 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 49, 1 Mart. 49
*Button’s case.
Trin, 2. Car.
One said of Button, a Justice of the Place: Mr. Button, five or six years ago, had two servants prosecuted for stealing of sheep: and he desired me not to prosecute them.
Crew moved in arrest of judgment that these words are not actionable: for an honest man may be prosecuted. Besides it is not averred that there were any sheep stolen. T. 36. El. B. R. Ball’s case. He is a cunning knave, and acquainted with cut-purses; and there has not been a purse cut in Nottinghamshire these many years, but he hath had a part. These words are general and not actionable, unless it be alledged that there was a purse cut, specially. 45 El. B. R. rot. 119. He keeps thieves and traitors, not actionable, without alledging the very fact.